On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed gender identity.
The vacated Guidance, issued in April 2024, promulgated the EEOC’s position that harassment based on sexual orientation and gender identity, including issues such as pronoun usage and access to bathrooms consistent with an individual’s gender identity, constituted unlawful sex discrimination under Title VII of the 1964 Civil Rights Act.
On May 15, however, U.S. District Judge Matthew J. Kacsmaryk found that the EEOC overstepped its authority by expanding the definition of sex discrimination “beyond the biological binary” and misinterpreted the Supreme Court’s decision in Bostock v. Clayton County. In Judge Kacsmaryk’s view, Bostock addressed only whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity and did not redefine “sex” under Title VII.
This ruling has a nationwide effect, and the EEOC has updated its website to reflect which portions of the guidance are no longer enforced. The EEOC is unlikely to enforce the vacated portions of its prior guidance, particularly given the current shift in enforcement priorities in the new administration. Many protections for LGBTQ+ employees, however, remain unchanged, particularly at the state and local levels. Many state and local laws continue to provide explicit protections on the basis of sexual orientation and gender identity, some of which are as expansive as the vacated guidance.
Employers are encouraged to review workplace policies and training materials to ensure compliance with both federal and state laws.
